Ed Smathers Gets 5 Years for Killing Bird Colvard, Oct. 21, 1925

Smathers Gets Five Years

Monday morning Judge T.D. Bryson, presiding at Jackson County Superior Court, sentenced Ed Smathers to a term of not less than five nor more than seven years in the state prison, following conviction of the jury last Saturday of the manslaughter for slaying Bird Colvard at Case’s saw-mill on Tuckasegee River last April.

Smathers entered a plea of self-defense, and both in the evidence and in counsel’s argument to the jury addressed the unwritten law, appealing to the jury to acquit hi on both grounds.

After about two hours’ deliberation, the jury returned its verdict of manslaughter.

Smathers, according to the evidence, was working on a logging job at the saw mill, of which Colvard was foreman, and was running a boarding house where a number of the saw-mill employees slept and boarded. Smathers alleged that Colvard made improper remarks to his wife, the night before the shooting, in the presence of Smathers, who, after Colvard had retired to his room, arose from bed and ordered Colvard from the house, and exacted a promise that he would leave that section. On going to the saw-mill the next morning, Smathers contended, he found Colvard, and when he asked him why he hadn’t left, Colvard arose and presented a shot-gun in his face, where upon Smathers shot. This was the evidence of both Smathers and Tolvin Ensley, who was the only eye-witness to the affair. The state contended that the range of the bullets, from the shoulder downward, was inconsistent with the verbal testimony as Colvard was about six inches taller than Smathers, and that Smathers must have shot while Colvard was sitting down at his workbench.

The jury took the state’s view and returned a verdict of guilty.

The state was represented by Solicitor Grover Davis, G. Lyle Jones of Asheville, W.R. Sherrill of Sylva and J.L. Jenkins of Robbinsville, while the defense was represented by Alley and Alley.

Both Smathers and Colvard were married men and have families.

Other Cases

Dock Messer, who plead guilty to transporting, was fined $100 on an appeal from the Recorders Court. Although it was his second conviction since the Galloway-Bryson Act was ratified, Judge Bryson stated that it was his opinion that the second offense was not sufficiently alleged in the bill of indictment.

Other cases disposed of were:

Paul Dillard, assault, continued, and capeas ad testificandum for Gus Allen and Cirs Passmore;

Dewey Bryson, assault, called and failed;

Jasper Gwen, C.C.W., called and failed;

Glenn Ashe, seduction, nol pros with ??;

Walter Hawkins, transporting, $50 and the costs;

Hubert Stanley, abandonment, instructed verdict of not guilty;

Perry Duncan, false pretense, not guilty;

Will Nicholson, violating bus law, instructed verdict of not guilty.

From the front page of the Jackson County Journal, Sylva, N.C., Oct. 21, 1925

newspapers.digitalnc.org/lccn/sn91068765/1925-10-21/ed-1/seq-1/